Special pricing terms

INDEX

  1. ACCEPTANCE
  2. SPECIAL PRICING
  3. RESTRICTIONS
  4. TERMINATION

 

1. ACCEPTANCE

  • Acceptance. These Special Pricing Terms are in addition to the Send SMS Service specific terms and you confirm that you have read and agree to the Send SMS Service specific terms, General Terms, the Rules of Use and our Privacy notice (our Terms).
  • Application. These terms are applicable where we have agreed to provide you with a lower price per credit than the normal price per credit specified on our website for plain text SMS messages sent to specific destination(s) and/or at the specified minimum volumes for a specified period of time. These terms and the Special Pricing will become effective when you have signed a Special Pricing Offer. To find out if you qualify for Special Pricing, please contact your Clickatell account manager or expertadvisors@clickatell.com.
  • Precedence. Should any term in these Special Pricing Terms conflict with anything in our Terms, the provisions of these Special Pricing Terms shall prevail to the extent of such conflict.

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2. SPECIAL PRICING

 

  • Validity. Special pricing will be valid for the period stated on the Special Pricing Offer ("Validity Period"). At the end of the Validity Period, the Special Pricing terminates automatically.
  • Network spread. Special Pricing to a destination is calculated using the average price of sending the committed volumes to each network in that destination relative to the market share of that network. Should we, in our sole discretion, find that you are sending the bulk of your SMS message traffic to selected networks, we reserve the right to terminate Special Pricing immediately upon electronic notice (email / fax) to you.
  • Failure to use credits by end of Validity Period. If you fail to use all the credits purchased at the Special Pricing credit price by the end of the Validity Period, we reserve the right to adjust the credit balance in your account to reflect the amount of credits as it would have been had you purchased it at the normal website price per credit on the date of purchase of such credits without further notice to you.
  • Failure to use minimum credit volumes. If you fail to use the minimum credit volumes agreed upon in the Special Offer within any month or fixed time period, as may be applicable, the Special Pricing shall immediately terminate without notice and we reserve the right to adjust the credit balance in your account to reflect the amount of credits as it would have been had you purchased it at the normal website price per credit on the date of purchase of such credits without further notice to you.
  • Credit price changes. You acknowledge that the Special Pricing is based on best pricing available to Clickatell and that such costs may change at any time without notice. We reserve the right to change the price per credit for any destination or network specified in the Special Pricing Offer at any time on 24 hours electronic notice (email / fax) to you.
  • Credit Balance in Account. You acknowledge that should the price per credit change or in the event of termination of a special pricing agreement, your message credit balance will be adjusted to reflect the credit balance at normal website price per credit on date of purchase of such credits without further notice to you.
  • Credit rate per message changes. You acknowledge that the cost per message to any destination will be determined by the credit rate per message for that destination as detailed on our website or in the Special Pricing Offer at the time of sending each SMS message. The applicable credit rate per message for any destination may change from time to time without notice to the Customer.
  • Exclusions. Special Pricing exclude VAT and any inter-connect fees charged by Mobile Networks. Clickatell has no control over inter-connect fees and these fees may change from time to time without notice to you.

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3. RESTRICTIONS

 

  • Separate Account. You may need a separate account for each Special Pricing destination and/or network. Each account will be limited to sending only to the destinations and/or networks to which the Special Pricing is applicable. If you wish to send SMS messages to other destination(s), and unless a separate Special Pricing Offer is accepted for these destination(s), our normal website price per credit shall apply in respect of credits purchased for delivery of SMS messages to such other destination(s). If you send messages to a destination not agreed to in the Special Pricing Offer, we reserve the right to adjust the credit balance in your account to reflect the amount of credits as it would have been had you purchased it at the normal website price per credit on the date of purchase of such credits without further notice to you.
  • Plain text only. Special Pricing is valid for SMS messages in plain text only, unless otherwise agreed to in the Special Pricing Offer. No special features such as the ability to customise sender ID, sending of any other type of text other than plain text, concatenation, mobile number portability or lookup, etc. are guaranteed in respect of the Special Pricing offer. You acknowledge that any SMS messages containing any special features are not supported and that delivery may fail. If you require the ability to send SMS messages with any special feature(s), you must use another account and normal website price per credit shall apply.
  • Lower reliability. We may in certain instances make use of lower cost routing options or the services of third party suppliers other than our default service providers to be able to offer you Special Pricing. Certain lower cost routing options or services of low cost third party suppliers may not be as reliable as the default delivery routes or third party suppliers we use when charging the normal website price per credit. You agree to accept the risks associated with the use of low cost routing options or low cost third party suppliers, including the risk of SMS message delivery delays or failures.
  • No guarantee or offer. These Special Pricing Terms are not a guarantee or offer for Special Pricing. To find out if you qualify for Special Pricing, please contact your Clickatell account manager or expertadvisors@clickatell.com.

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4. TERMINATION

 

  • Notice. You may end any Special Pricing contract by notifying us via email at legal@clickatell.com.
  • Reasons. We may end any Special Pricing contract immediately on notice to you, if:
    • your contract with us is terminated or our Send SMS Services or licences to you is suspended in accordance with the Terms;
    • you are sending the bulk of your SMS message traffic to only selected networks;
    • you fail to use minimum credit volumes;
    • you send messages to a destination not agreed to in the Special Pricing Offer.

 

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